Question: For school systems, if an employee gives birth during the summer months, does she still get the full 12 weeks available to take under the FMLA when school begins?

Answer: The FMLA time tracking for the employee will be only for the periods for which the employee would be scheduled to work.

According to the federal Family and Medical Leave Act regulations 29 CFR 825.601, the period during the summer vacation when the employee would not have been required to report for duty is not counted against the employee’s FMLA leave entitlement.